National Visas Pty Ltd (nationalvisas.com.au) provides Australian Immigration services subject to the following terms and conditions.

"We", "our", "us", “Nationalvisas.com.au” or "National Visas" shall mean National Visas Pty Ltd, whose principal place of business and address for service is 3 – 118 Church Street, Victoria, Australia 3122, and shall include all directors, employees, agents and sub contractors of National Visas.

"Client" or "you" or "your" means the individual visiting nationalvisas.com.au

"Registered Client Area" means the secure online system managed by National Visas which allows Client’s to enter and update their personal information and access our Service from any computer with internet access.

"Personal Profile" means the information provided by the Client about the Client and, if applicable, about the Client's family and possible visa sponsor.

"Service" means one of Personalised Migration Services provided by National Visas.

"Terms" means these terms and conditions.

"Working Day" means a day on which banks are open for business in Melbourne, Australia.

"Website" means www.nationalvisas.com.au

"Application" shall mean the provision of advice, preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorisation, including but not being limited to work permits, visas applications for leave to remain, reviews, occupations assessments, business plans, sponsorship approvals, petition approvals, landing rights, changes or adjustments of status, naturalisation and citizenship, which benefit or authorisation may be conferred by any government in the World.

"Fees" shall mean any sums due to us for services rendered plus any taxation or other governmental fee, levy or penalty applicable thereto, including but not being limited to GST.

Please be aware that to comply with Department of Immigration and Citizenship (DIAC) regulations, you are required to read the document titled “Migration Advice Professional Document” before viewing your results. A link to this document is provided in your Registration email.

The Client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to National Visas.

The information contained on the Online Assessment is only intended to provide an initial indication of your visa eligibility and should not be applied to an individual case. The Online Assessment Result does not guarantee any outcome in relation to any visa application you may lodge in the future.

As Australian Immigration law is subject to regular legislative and other practical changes you need to complete the Online Consultation to enable one of our Registered Migration Agents to provide a comprehensive assessment of your personal situation. Further analysis is required by one of our Registered Migration Agents to determine your suitability for a visa, particularly in relation to English Language ability, family or state/ territory sponsorship and/ or your suitability for an occupation you select (if appropriate for your visa type).

If you wish to obtain a comprehensive assessment of your eligibility for migration to Australia, you should complete both the Online Assessment and Online Consultation. Once you have completed these steps, you can purchase a Service that will enable one of our Registered Migration Agents to prepare a detailed and personalised report (Personalised Visa Guide).

Online Consultation:
The Online Consultation is designed to gather additional information about you to assist National Visas in providing you with a personalised Service. As these questions may not be extensive, Clients are advised to use the "Special Comments" section of the Online Consultation to set out further information which may be relevant. Matters of a non-migration nature (such as housing, employment opportunities, etc.) will be taken into consideration.

Personal Profile:
If you use the website, you are responsible for maintaining the confidentiality of your Personal Profile and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Personal Profile or password.

When accessing the Registered Client Area, you are required to enter your Registered Client Number and password each time. Since access to your Personal Profile is protected by your Registered Client Number and password, it is very important that you protect your password by making it known only to you. To ensure you are the only person that knows your personal access information, all access to your login information should not be written down or accessible to other persons, even if you believe it is disguised. Do not disclose your Registered Client Number and password to anyone.

National Visas will not be held responsible for any access gained by third parties to your Personal Profile, whether the login details were provided by you or were otherwise obtained.

National Visas reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

1. Engagement of National Visas

Online Services - Visa Advantage Service / Visa Review Service / Visa Information Pack Service / Ask an Immigration Question - Online Immigration Centre Service:

You will be deemed to have engaged the services of National Visas upon payment of the Service fee.

The National Visas Services do not guarantee any outcome in relation to any visa application you may lodge in the future.

Electronic Travel Authority (ETA) Visas:

Upon completion of an ETA application form provided on National Visas website, your request for an ETA will be processed within one (1) working day. Your ETA grant is subject to approval from the Australian Government. In the event that additional information is required to process your application, we will contact you via the details provided by you in your ETA Visa Application.

Please note if your ETA application is not approved within one (1) working day, we do follow through any not approved visa applications with the Department of Immigration.

Please note that if you do not respond to any requests we submit for further details, your ETA application will not be processed and your payment will not be refunded.

Payment for the ETA service charge is to recover the costs associated with providing this service.

Regardless of whether you decide later that you no longer require the visa, have a current visa or your visa is not approved the service charge has been incurred and is not refundable.

As advised above, your ETA request is processed within one (1) working day. In the event that the request processed on our website establishes that you have an existing ETA, the fee you have paid is non-refundable. In such circumstances, we will issue you with confirmation of your current ETA status and the charge is applied to recover the use of our system resources.

Please do not arrange any travel to Australia until you have received email notification that your ETA request has been approved by the Australian Government.

Premier Service:

You will be deemed to have engaged the services of National Visas upon payment of the Premier Migration Service Fee AND our receipt of a signed Acceptance Form/Contract from you. Once the payment and signed Acceptance Form/Contract are received, a Registered Migration Agent will contact you to gather all of the information needed to prepare and submit your visa application to DIAC on your behalf. This letter forms the entire agreement between yourself and National Visas.

National Visas will agree to act on your behalf only if it forms the view that the application has a favourable chance of success, based on the initial assessment.

General Information:

Immigration legislation and policy is subject to frequent change – some of these are retrospective but most are not. All advice and work done by National Visas is based on the legal and policy requirements which are applicable and publicly available at the time you engage our services. There are three scheduled times of the year during which DIAC legislation, policy and processing fees undergo significant amendment – 1 March, 1 July and 1 November. However, amendments can occur at other times.

There is sometimes a time lag between the date when legal and policy changes come into effect and the date when the text of these changes becomes publicly available. National Visas cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the Service has been provided to the Client. (Premier Visa Service only - If such changes affect the application, we will advise you as soon as possible and take any necessary action to deal with it).

The Client is encouraged to seek additional guidance from one of our Registered Migration Agents and/or make independent enquiries before relying on the information provided as part of the Service.

We must point out that although we will use our best endeavours to ensure the success of the visa application, we cannot guarantee that it will be approved.

2. Service provided by National Visas

Visa Advantage Service:

National Visas will undertake the following responsibilities in providing you with the Visa Advantage Service:

You will be sent a Visa Guide that contains all you need to know for you to self manage your own Australian Visa Application for the visa you selected.

The Visa Guide includes the following information:

• Your Online Assessment Results;
• The requirements that you have to meet in order to be eligible to apply for the visa;
• Advice on what essential steps and procedures you need to complete before your visa application is lodged;
• All of the relevant forms that must be completed;
• Advice on how to complete the forms correctly;
• Advice on the documents you need to submit with the application;
• A checklist to ensure you have not overlooked anything;
• Advice on how to complete a Cover Letter to support the visa application;
• Advice on how to submit your visa application in the preferred DIAC format;
• Where to submit your visa application and the costs involved;
• Advice on what to expect while your visa application is being processed;
• Advice regarding documents you may be requested to submit after the initial visa application has been submitted;
• Advice on how to handle an interview (if requested) by the governing authorities;
• Settlement information on living in Australia;
• Information on how we can represent you if you decide to engage our Premier Service to prepare and lodge your visa submission (if appropriate).

You will receive correspondence with one of our Migration Agents using the Online Immigration Centre for a 180 day period. You receive the dedicated attention and communication with a Registered Migration Agent (via email and up to 30 minutes by phone) who will help you with any questions you may have when preparing your visa application.

Visa Review Service:

National Visas will undertake the following responsibilities in providing you with the Visa Review Service:

You will be sent a Visa Guide that contains a realistic assessment of your chances of immigrating to Australia.

The Visa Guide includes the following information:

• Your Online Assessment Results;
• The requirements that you have to meet in order to be eligible to apply for the visa;
• Recommendations on how to improve your changes to make a successful visa application for the Online Assessment taken;
• Advice on improving your chances of success and your ability to apply for Australian migration under alternative visa types.

You will receive correspondence with one of our Migration Agents using the Online Immigration Centre for a 180 day period. You receive the dedicated attention and communication with a Registered Migration Agent (via email and up to 30 minutes by phone) who will help you with any questions you may have with immigration process.

Visa Information Pack Service:

National Visas will undertake the following responsibilities in providing you with the Visa Information Pack Service:

You will be sent a Visa Guide that contains all you need to know for you to self manage your own Australian Visa Application for the visa you selected.

The Visa Guide includes the following information:

• Your Online Assessment Results;
• The requirements that you have to meet in order to be eligible to apply for the visa;
• Advice on what essential steps and procedures you need to complete before your visa application is lodged;
• All of the relevant forms that must be completed;
• Advice on how to complete the forms correctly;
• Advice on the documents you need to submit with the application;
• A checklist to ensure you have not overlooked anything (if appropriate);
• Advice on how to complete a Cover Letter to support the visa application (if appropriate);
• Advice on how to submit your visa application in the preferred DIAC format (if appropriate);
• Where to submit your visa application and the costs involved;
• Advice on what to expect while your visa application is being processed;
• Advice regarding documents you may be requested to submit after the initial visa application has been submitted;
• Advice on how to handle an interview (if requested) by the governing authorities.

Ask an Immigration Question - Online Immigration Centre Service:

National Visas will undertake the following responsibilities in providing you with the Ask an Immigration Question - Online Immigration Centre Service:

Client’s can purchase a subscription to the Online Immigration Advice Centre (Complimentary subscription period included in the Visa Advantage and Visa Review Service – refer above for more details).

Client’s that purchase a subscription to the Online Immigration Advice Centre can choose one of the following subscription periods:

• 15 or 30 days.

During a subscription period, Client’s are permitted to submit immigration-related questions specific to their profile via the Registered Client Area.

It is not possible to submit multiple questions via the Online Immigration Centre. If multiple questions are submitted via other email means to National Visas, National Visas reserves the right to request that the Client resubmit the questions separately, or to limit the amount of questions asked in a 24-hour period.

One of National Visas Registered Migration Agents will reply to your query within three (3) working days of receiving the question. In some cases, it may take longer (than the three working days), depending on the nature of the question.

National Visas reserves the right not to respond to questions that:

• relate to non-migration matters;
• are not submitted in English;
• are not related to the Client’s Profile; or
• are not appropriate (according to National Visas Discretion).

Premier Service:

National Visas will undertake the following responsibilities in providing you with the Premier Migration Service:

Stage 1:
Initial Assessment

The assigned Migration Agent will:

• Make a detailed assessment of your personal circumstances to determine the most appropriate visa you may be able to apply for;
• Collect all necessary information and documentation relating to the visa application; and
• Examine and assess the information and documentation provided.

Stage 1a (for Skilled Visas and Employer Sponsored Visas only):
Skills Assessment:

• Before you can submit a valid Skilled Visa Application to DIAC you need to pass a Skills Assessment conducted by the Assessing body for your occupation.
• Before you can submit a valid Employer Sponsored Visa Application to DIAC you MAY need to pass a Skills Assessment conducted by the Assessing body for your occupation.
• Please note this step is complete when the initial Skills Assessment has been lodged with the appropriate Assessing body.

The assigned Migration Agent will:

• Help prepare your Skills Assessment application using the documentation and information provided by you;
• Submit your Skills Assessment application to the relevant skills assessment authority;
• Monitor the progress of the application; and
• Inform you of the outcome of their Skills Assessment, and advise you of the next step in the process.

Stage 2:
Detailed Document Check

The assigned Migration Agent will:

• Final examination and assessment of all the information provided;
• Inform you if they believe that the documentation provided is sufficient, and of the likelihood of a successful application to DIAC, based on the information provided; and
• Advise you of any factors that may increase the prospects of a successful visa application.

Stage 3:
Visa Application Preparation and Submission

The assigned Migration Agent will:

• Review all the material provided by you;
• Prepare the Visa Application and associated documentation; and
• Lodge the Visa Application with DIAC.

Stage 3a (for some Employer Sponsored Visas only):
Skills Assessment

• You MAY be requested by DIAC to pass a Skills Assessment conducted by the Assessing body for your occupation for some Employer Sponsored Visa Applications.

The assigned Migration Agent will:

• Please refer to Stage 1a.

Stage 4:
Visa Application Processing and the Decision

The assigned Migration Agent will:

• Closely monitor your Visa Application until a decision on the case is made by DIAC;
• Keep you informed of any communication from DIAC that concerns the progress of the application, and if any further requests for information or documentation are made by DIAC; and
• Inform you of the result of the Visa Application.

Electronic Travel Authority (ETA) Visas:

National Visas do not undertake any responsibility in providing you with an Electronic Travel Authority (ETA) Visa, as this service is provided by a third party on behalf of the Australian Government.

3. Electronic Communications

When Client’s visit National Visas website, send e-mails to us or by communicating via the Registered Client Area, you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.

We will communicate with you by e-mail or by posting notices on this site. If the Client does not respond to any communication related to the provision of the Service within three (3) working days, such failure will be deemed as the Client’s express consent to prepare the selected Service based on the information previously provided by the Client.

National Visas reserves the right not to respond to any query which is not sent through the Registered Client Area.

You can elect to discontinue all future correspondence from National Visas at any time by selecting the “Unsubscribe” link in the Registered Client Area of our website. National Visas will not be responsible for any loss of data or immigration advice resulting from the Client selecting to unsubscribe their details.

4. Fee Schedule

A copy of the Fees can be found on the National Visas website www.nationalvisas.com

Premier Visa Service Additional Expenses:

Please be aware, there are additional government related costs associated with the Visa Application process, such as your medical examination, police clearance, and English language test (where applicable). These charges may vary according to the relevant individual or authority in your home country, and are to be paid directly to these authorities.

The English Language Test used is the International English Language Testing System (known as the IELTS test). We will advise you about this test and where it is to be taken if it is necessary for the purposes of your visa application.

National Visas will notify you when it is necessary to pay each respective fee, as directed by the authority or DIAC. You acknowledge that National Visas will not be obliged to lodge the visa application until all relevant documentation requirements have been satisfied and you have paid the fees mentioned above.

Premier Visa Service Disbursements:

National Visas may incur additional “out of pocket” expenses on your behalf. Such expenses include translation services, photocopying, telephone calls, courier, fax costs, postage costs and other sundry expenses. The cost of services that are provided by a third party will be charged to you at cost. These expenses are in addition to our professional fee. Our photocopying charges are AU$0.20 cents per page and fax charges are AU$1.00 per page.

National Visas may ask you to pay for some of the expenses before they are incurred. National Visas will not incur any out-of-pocket expenses for any single item in excess of $50 without first seeking your approval.

Goods and Services Tax:

All amounts paid by you within Australia are subject to a 10% Goods and Services Tax (GST). This amount is in addition to all fees displayed on the website or quoted by staff. Fees paid from outside of Australia do not attract GST. There is no GST applicable to DIAC lodgment fees.

5. Responsibilities of the Client

On entering this agreement you agree to:

• Provide accurate authentic and complete information to National Visas throughout the period of engagement;
• Inform National Visas if any of the information provided to National Visas becomes inaccurate or incorrect;
• Pay the fees and disbursements set out in part 4 above; and
• Keep the terms and conditions of this letter confidential other than for the purposes of seeking legal or financial advice or if compelled by law to disclose its contents.

Failure to meet any of these terms may result in a weakened and ultimately unsuccessful Visa Application. National Visas will not be obliged to refund fees if this occurs.

Information Provided by the Client

National Visas will use and rely on information provided by the Client in the provision of the Service without having independently verified or assumed responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the Client must be correct, including contact details such as e-mail, etc. If the information provided by the Client is not correct, the Service may not be accurate.

Any advice provided to you should not be used by a third party as each case is subject to different documentation and form completion requirements according to individual circumstances.

6. Variation

This agreement may be varied in writing by mutual agreement. All work performed for you by National Visas and its employees and consultants will be in accordance with the terms set out in this letter of engagement, or any subsequent variation signed by both parties.

7. Code of Conduct

Under Australian law, any migration agent who provides advice within Australia must be registered with the Migration Agents Registration Authority (MARA). MARA is responsible for administering the Code of Conduct (“the Code”), which governs Migration Agents’ behaviour in regards to such issues as character, competency, diligence and fairness.

Migration Agents are also required to provide a copy of the Information on the Regulation of the Migration Advice Profession (“the Brochure”). This information is provided in the initial registration email you receive from us.

A copy of the Code and the Brochure can also be found on the National Visas website (www.nationalvisas.com).

All migration agents are bound to provide their services in accordance with the Code. As such, among other things, National Visas undertakes to:

• Confirm your instructions in writing;
• Act in accordance with your instructions;
• Keep you fully and regularly informed in writing of the progress of your application;
• Provide you with a copy of the Code, upon request by you; and
• Within a reasonable amount of time after your application is determined, inform you in writing of the outcome.

Please understand that registered migration agents are prohibited from making a statement, or encouraging the making of a statement, in support of an application under the Migration Act 1958 or the Migration Regulations 1994, which they know or believe to be misleading or inaccurate.

As part of the Premier visa Service you are also entitled to receive, upon request, written progress reports and copies of your application and the ancillary documents. As a general rule, it the practice of National Visas to provide progress reports at the conclusion of every stage of a matter.

8. Premier Visa Service Client Notification Obligations

As your representative before DIAC, it is imperative that you or the visa applicant consult your migration agent before communicating with DIAC or taking any action which may affect your immigration status or visa application. The types of events which could affect the application include:

• Insolvency or bankruptcy;
• Change of address or other contact details;
• Changes in your marital status, health, citizenship, employment status; or
• The incurring of civil or criminal liability by you or any accompanying family member.

Your health status and the health status of any accompanying family members are also relevant. All applicants for a visa must satisfy mandatory health requirements. If you or one family member fails to do so, all applicants for the visa will be refused even if all the other eligibility criteria have been satisfied.

It is essential that National Visas be advised of any changes of address or contact details in a timely manner. Migration legislation deems a person to have received DIAC correspondence if it was sent to the last known address given to DIAC regardless of whether or not they have in fact received it.

If a migration agent or legal representative is acting for you, you will be deemed to have received correspondence sent to the migration agent or legal representative. National Visas will not be liable for any adverse consequences that may result from your failure to notify changes of address or contact details in a timely manner or to keep National Visas informed of any change in your circumstances.

8. Period of Engagement

It is difficult for National Visas to predict the time taken to complete the Services outlined above. This will be dependent on the service purchased and speed with which information is received from the Client, as well as the time taken by the relevant Assessment Authority and DIAC to process the respective applications.

Online Services - Visa Advantage Service / Visa Review Service / Visa Information Pack Service / Ask an Immigration Question - Online Immigration Centre Service:

The period of engagement is considered to commence from the date that National Visas receives payment for the requested service. The engagement ceases upon completion of the Services, OR if the agreement is terminated earlier.

Premier Service:

The period of engagement is considered to commence from the date that National Visas receives a signed copy of the attached Acceptance Form / Contract AND payment of the Premier Service Fee. The engagement ceases upon completion of the Services, OR if the agreement is terminated earlier.

10. Termination

You may terminate this agreement at any time by giving National Visas written notice. If you terminate the agreement, the date of termination is the date upon which written notice is received by National Visas.

National Visas may terminate this agreement by written notice if you breach any of the terms of this agreement. If National Visas terminates the agreement, the date of termination is the date upon which it advises you of the termination.

If the agreement is terminated, National Visas shall be entitled to fees incurred up until and including the date that the agreement ceases, as set out below:

Online Services - Visa Advantage Service / Visa Review Service / Visa Information Pack Service / Ask an Immigration Question - Online Immigration Centre Service:

Electronic Travel Authority (ETA) Visas:

Premier Service:

11. Disputes or Complaints

A number of avenues are available if a dispute or complaint arises between you and National Visas in relation to the provision of services under this agreement.

If you have any queries or concerns about our costs or provision of services, please discuss these with your migration agent as soon as they arise. If you are not satisfied with any action taken by National Visas to resolve your query or remedy your concern, you are entitled to refer the matter to the Migration Agents Registration Authority, PO Box Q1551 QVB NSW 1230 Australia (Tel: +61 2 9211-4744).

12. Severance

In the event that any of the terms of this letter are, or become invalid, illegal, or unenforceable, the remaining terms shall endure unaffected.

13. Governing Law

Validity, interpretation and performance of the agreement created by your acceptance of this letter shall be governed by the laws of Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals there from.

14. Premier Visa Service Document Retention Policy

When we have completed your matter, it is our practice to return all of your original documents. Any other documentation on your file to which you may be entitled - such as copies of your application, submission(s) and our correspondence with you and third parties ("your documents") - will be kept by us for at least two (2) years after work has been completed on your matter ("the document retention deadline"). You may request a copy of your documents at any stage before the document retention deadline.

If you request that a copy of your documents be sent to you or another person before the document retention deadline, National Visas will send these to you subject to your advance payment of our fees to cover photocopying and postage costs. Please note that our obligation to retain your documents concludes once we have sent them to you.

If you do not request that a copy of your documents be sent to you or another person before the document retention deadline, National Visas reserves the right to destroy your documents after the document retention deadline, unless we receive written instructions from you requesting that we continue to store your documents for a further period of up to five (5) years. Your documents can be retained for up to five (5) more years after the document retention deadline, but a storage fee of at least $500 will be charged.  The storage fee must be paid in advance at the time you request that the documents be stored for a further five (5) years after the document retention deadline.